Shahi Idgah mosque complex case: SC extends stay on court-monitored survey

The Supreme Court on Friday extended its stay till November on the operation of the Allahabad High Court order that allowed a courtmonitored survey of the Shahi Idgah mosque complex adjoining the Krishna Janmabhoomi temple in MathuraA bench of Justices Sanjiv Khanna and Sanjay Kumar ordered continuation of the stay the apex court had imposed on January 16 on the operation of the December 14 2023 order of the high courtThe high court had allowed a courtmonitored survey of the Shahi Idgah mosque complex and agreed to the appointment of court commissioner to oversee itThe Hindu side claims the premises hold signs suggesting that a temple once existed at the siteDuring the hearing advocate Vishnu Shankar Jain appearing for the Hindu parties said the appeal of the Committee of Management Trust Shahi Masjid Idgah filed against the December 14 last year order of the high court and connected orders in the matter has become infructuousAll these petitions have become infructuous as the high court has pronounced its order on August 1 he saidJain referred to the August 1 order of the high court by which it rejected a plea of the Muslim parties challenging the maintainability of 18 cases related to the Krishna JanmabhoomiShahi Idgah dispute in Mathura and ruled that the religious character of the mosque needs to be determinedThe court had dismissed the Muslim sides contention that the suits filed by the Hindu litigants relating to the dispute over the Krishna Janmabhoomi temple and the adjacent mosque violated the Places of Worship Special Provisions Act of 1991 and therefore were not maintainableThe 1991 Act prohibits changing the religious character of any shrine from what existed on the day of the countrys Independence It exempted only the Ram JanmabhoomiBabri Masjid dispute from its purviewThe bench said there is also an application seeking vacation of the stay imposed by the apex court on January 16 and all issues will be considered in the month of NovemberA batch of petitions has been filed by the mosque management committee including the one challenging the May 26 2023 order of the high court transferring to itself all matters related to the dispute pending before a Mathura courtIn Mathura a suit was filed in the court of Civil Judge Senior Division III for shifting the Shahi Idgah mosque claiming that it was constructed on a part of the 1337 acre land of the Shri Krishna Janmabhoomi TrustThe Hindu side had requested the high court to conduct the original trial like it had done in the Babri MasjidRam Janmabhoomi title disputeWhile allowing the plea for a courtmonitored survey the high court had last year said that no harm should be caused to the structure during the exercise which it indicated could be overseen by a threemember commission of advocatesThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever